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Expunge; Excise & Repeal Immunity Clause
Now!
By
Paul I. Adujie
Lawcareer@msn.com
New York, United States
A successful war against corruption in Nigeria is crucial for national
development.
Corruption has unarguably impeded Nigeria’s development and advancement.
The immunity clause in the constitution of Nigeria 1999 has become an
impediment and great obstacle in the war against corruption in our nation.
It is imperative that Nigeria urgently expunge, remove and repeal the
immunity clause in the constitution of Nigeria, which has been turned into
an impunity weapon by too many public office holders in the various levels
of government in Nigeria.
It has become clearer by the day, that immunity clause need to be
jettisoned immediately to enable Nigeria fight corruption at home and
abroad. Too many office holders in Nigeria are now using the immunity
clause as a sort of shield and bullet proof for their criminal behaviors
and all manners of gross misconduct, while the hold on tenaciously to
public office that was entrusted to them by the Nigerian electorate,
whether these office holders are in such position de facto or de jure is
almost irrelevant, they are there now!
In “A Delicate Balancing Act, Arguing Both Sides of Immunity” I argued
that common good or public good of the majority of our citizens, requires
freedom of action on the part of public office holders, and a protection
against fear of and from prosecutions for actions taken for the benefit of
the generality of the citizenry, such freedom of action should not have an
impinging cloud, or danger of deterring public spirited actions by
Nigerian public office holders, as I argued that immunity has immense
value and benefits, if and when it is not abused; But now? Now, I have
painfully, and agonizingly come to the conclusion that the immunity clause
have become abused, cursed, misused and bastardized so much, the only way
out, is to excise the immunity clause from the constitution of Nigeria
1999, just so, we can tackle the culture of immunity which has become so
blatant in the brazen criminal misconduct of some Nigerian public office
holders
Only last week, I read an article by one of Nigeria’s able and fair
commentator, Mallam By Abdulrazaque Bello-Barkindo titled OUTSOURCING THE
JOB OF THE NIGERIA POLICE? http://www.amanaonline.com/art_1302.razbell.htm
And in it, he wondered why Nigeria has resorted to having the London
Metropolitan Police or the British Police its parent body do the work that
Nigeria law enforcement ought to be doing? He mentioned Nigeria Police,
the EFCC and ICPC etc as such law enforcement agencies in Nigeria, who
ought to aggressively and most vigorously pursue criminals, whether such
criminals are messengers or governors of our states and other public
officials from messengers to the president of our federal republic. And he
is not alone, many other Nigerians for good or for ill, have expressed
similar sentiments or concerns regarding fighting our corrupt office
holder at an overseas front.
But it is now as if, some of our public officials, as a matter of abiding
indifference to the ceaseless and inexorable hardships, sufferings and
abject poverty of the majority of Nigerian citizens, even as they continue
to rob our public treasury of our national wealth or resources; Corrupt
public officials are insisting adamantly, in behaving as if possessed by
the evils and with the devil-may-care attitude.
It must be borne in mind, that there are sufficient explanations and even
justifications, for Nigeria’s federal government’s recent actions in
seeking help and support outside of the shores of Nigeria to curb the
extreme criminalities of some of Nigeria’s thieving officials. First,
Nigeria is signatory to a United Nations Anti Corruption Convention and
Protocol initiated in year 2000, ratified by Nigeria and almost two
hundred countries; This means that Nigeria can practically seek help from
any country on earth, in Nigeria’s efforts to eliminate, eradicate and
tackle corruption head-on.
Secondly, well meaning Nigerians ought not to really fault the present
federal government of Nigeria, for taking every desirably necessary steps
to curb corruption, including seeking help, where ever help and support
can be found. Particularly in the face of the blatant and brazen of
thieving governors and other public officials, who continue pillage and
plunder Nigeria despite efforts by our Police, EFCC and ICPC and the
courts.
Corruption is a desperately bad and acute cancer in our road to
development and national advancement, corruption must be removed from our
society and whatever drastic, drastic, but not arbitrary or draconian
measures that must used, should be used, so long as such measures comply
with due process, the rule of law and common sense etc. Nigeria has
diplomatic and trade relations with many countries, and Nigeria must
impress it on all countries to help and support our fight against the
corruption scourge, we cannot shout loudly about our loathe for corruption
and attendant deprivations, and then, at the same time, refuse to
demonstrate willingness to quaff the legal and diplomatic measures it
takes to accomplish it!
Additionally, Nigerians should and must question why accused public office
holders now abandon the time-tested and true defense of self with
statements of own innocence, but instead we now see a new mode of defense
by our corrupt public officials, which is limited to finger pointing at
others, who the accused suspect may be also corrupt.
With impunities, the bulk of our office holders, are shield and proofing
themselves with and within the immunity clause of our constitution as they
sneer at our laws and institutions, such as the police, the EFCC, the ICPC
and the entire legal system and this has resulted in the continued stay in
office, of many of our public office holders, despite the clear, cogent,
complete and compelling evidence of corruption against such public
officials.
For instance, it has been the case, that Governor Dariye is a free man,
not in any prison, he has not been impeached, all this, despite the
overwhelming evidence of corruption against him, including some of such
evidence in pictures and video tapes, and more recently, Governor
Alamieyeseigha is also waltzing and wafting with equivocations, as he
relies heavily on the much abused and misused immunity clause in our
constitution.
Public officials in Nigeria and in fact, most Nigerians are quick to
declare their passion for all manners of religions, but when it comes to
the war against corruption, some Nigerians seem to be quick to forget
their religious claims and protestations of fidelity and claims to holier
than thou. These corrupt public officials neglect religious injunctions
How can corrupt Nigerians forget that the holy books require everyone to
answer for his or her individual deeds? How can Nigerians who believe in
heaven and hell forget that it is their individual good deeds or bad deeds
that will land them in heaven or hell respectively, and certainly not the
deeds of others, good or bad?
This means therefore that any Nigerian accused and accosted for
misconducts or crimes, must state their innocence, defend their personal
integrity, good character, and good reputation if they ever had any, to
begin with! We cannot give prostitutes maiden virgin statuses by referring
to other virgins and maidens in the neighborhood, just as we cannot excuse
our prostituting proclivities by pointing to other whores in our area.
We do not become sinners, or excuse our sins, because there are others
sinning sinners in our part of town! Each person according to the holy
books must account for their sins and not the good or bad deeds of all
others.
Now, will corrupt Nigerians answer the question, are you guilty or
innocent?
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